NSW Advice on my solicitor deciding to cease acting for me

[John9090]

Don't be disheartened by the tone of some comments. Email a request for the account & if you don't think it's unreasonable pay it, but make sure they hand over your file when you do. That should prevent them having any lien over your case in the future. Some tips - where ever possible gather your own evidence in regard to medical reports & the like. Keep a copy yourself & provide one to your lawyer. Freedom of information laws will get you most things you need, that way if the lawyer refuses to hand over the file it's no big deal, you'll have the important documents. Always get an itemized costs agreement. You want to know what they'll charge you for everything. This includes speaking to the receptionist! Document every interaction & if it's legal in your state to do so take an audio recording. I had some low life lawyer fob me off when I was trying to make sure we were both ready for an upcoming court hearing. The condescending twat gave me the "listen hear little lady I know my job". A week out from the case the guy leaves the firm & I meet with a new lawyer who tells me she's not prepared for court thanks to the tardiness of my original lawyer. She tells me she's going to request an adjournment. I hear no more until I get a call from the magistrate's secretary asking me why my lawyers are not in court. Apparently they had sent the courts an email basically saying we want a new date, with no explanation in regard to my original lawyer quitting his job & not being prepared for court. The magistrate's secretary passed on the story to the magistrate who understood that I'd been messed around & kindly let me off paying for the court procedures. If he'd not been such a lovely man I would of been left paying for nothing.

I agree with what you've said. I think there is a common sense solution to these things and unfortunately solicitors, unwilling to accept they messed up, generally find a way to excuse themselves of their responsibilities. In some ways I can understand this, because of the litigious world we live in, but I also think there has to be a fairer way to provide the average person some protection against incompetence and negligence. Much of what you've said about your solicitors condescending tone was mirrored in my solicitors attitude, it's very unfortunate that so called professionals have such disregard for their customers and clients. I think master Legat and Tim W's replies say it all where they seem to be incapable of calling a spade a spade. Anyway, your kind words and advice are honestly appreciated, you've shown the sort of decency and empathy I've yet to squeeze out of a solicitor...I think it's a symptom of the personal injury type solicitors, I hate to have to admit that because I think it's a sad state of affairs. Anyways...To infinity and beyond. I hope your efforts were fairly compensated....In NSW (at least) the law is set out in such a way that no matter what, you'll never be fully compensated for your injuries, or the damage caused to you as a result of somebody else's negligence ...and with the gap payment fiasco that Solicitors practice, where the higher your payout the higher their fees, it's really a rotten nest to have to endure just to receive justice.

I hope things worked out for you in the end...Warm Regards...J

 

[rjm]

I agree with what you've said. I think there is a common sense solution to these things and unfortunately solicitors, unwilling to accept they messed up, generally find a way to excuse themselves of their responsibilities. In some ways I can understand this, because of the litigious world we live in, but I also think there has to be a fairer way to provide the average person some protection against incompetence and negligence. Much of what you've said about your solicitors condescending tone was mirrored in my solicitors attitude, it's very unfortunate that so called professionals have such disregard for their customers and clients. I think master Legat and Tim W's replies say it all where they seem to be incapable of calling a spade a spade. Anyway, your kind words and advice are honestly appreciated, you've shown the sort of decency and empathy I've yet to squeeze out of a solicitor...I think it's a symptom of the personal injury type solicitors, I hate to have to admit that because I think it's a sad state of affairs. Anyways...To infinity and beyond. I hope your efforts were fairly compensated....In NSW (at least) the law is set out in such a way that no matter what, you'll never be fully compensated for your injuries, or the damage caused to you as a result of somebody else's negligence ...and with the gap payment fiasco that Solicitors practice, where the higher your payout the higher their fees, it's really a rotten nest to have to endure just to receive justice.

I hope things worked out for you in the end...Warm Regards...J

Sadly no John. I'm still wading through the same rubbish 16 years later. I was hit by a car aged 12. Received sub standard medical treatment at the time & have ever since. 33 years later I'm dealing with doctors & lawyers who appear to have absolutely no integrity & even less heart. At the end of the day I feel sorry for them. I could not sleep easily behaving the way that many of these law & health professionals do. I go to bed with a broken body but a clear conscience. It's a shame more people don't place value on that. Keep your chin up. Where there's life there's hope.